Protocolo referencial para la valoración de la prueba, en casos de abuso sexual, a niños con discapacidad cognitiva

Abstract

The category of intellectual disabilities (ID) presents a wide range of manifestations within the social, communicative, and cognitive functions of an individual, making it a primordial factor in the assessment of evidence amongst cases of sexual abuse where the testimony of the victim is essential due to the specific characteristics of this criminal offense. This research aims to address three main questions: Is there a specific assessment protocol used in cases of child sexual abuse in Ecuador? Is this protocol effective in cases where the victim's testimony is the only main evidence? Does this protocol have alternative elements for the proper assessment of evidence when the victim exhibits communicational difficulties or limitations while providing testimony? In order to clarify the landscape regarding the involvement of children and adolescents with cognitive disabilities who are victims of sexual violence in the criminal procedure, allowing for a precise identification of pre-trial and trial actions that may lead to secondary victimization, giving possible solutions to prevent them in the process.